Browse
Search
Agenda - 01-15-2008-3c
OrangeCountyNC
>
Board of County Commissioners
>
BOCC Agendas
>
2000's
>
2008
>
Agenda - 01-15-2008
>
Agenda - 01-15-2008-3c
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/4/2009 12:16:27 PM
Creation date
8/28/2008 9:27:43 AM
Metadata
Fields
Template:
BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
3c
Document Relationships
Minutes - 20080115 - Late
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-001 Approval of Easement William Breeze Sr
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
24
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) ~~0 <br />divest itself of any rights, title, or interests of this Conservation Easement without the prior <br />consent of the Secretary of the United States Department of Agriculture and payment of <br />consideration to the United States, then, at the option of such Secretary, all right, title, and <br />interest in this Conservation Easement shall become vested in the TED STATES OF <br />AMERICA. <br />19. Transfer of Conservation Easement <br />Subject to the contingent rights of the United States of America as specified in Paragraph <br />18 and other pertinent paragraphs herein, and with timely written notice to and approval of the <br />United States Department of Agriculture, Grantee shall have the right to transfer the Easement <br />created by this Deed to any public agency, provided the agency or organization expressly agrees <br />to assume the responsibility imposed on the Grantee by this Deed. <br />20. Transfer of Property <br />The Grantor agrees to incorporate by reference the terms of this Conservation Easement <br />in any deed or other legal instrument by which they transfer or divest themselves of any interests, <br />including leasehold interests, in all or a portion of the Property. Grantor shall notify Grantee in <br />writing at least thirty (30) days before conveying the Property, or any part thereof or interest <br />therein. Failure of Grantor to incorporate by reference the terms of this Conservation Easement <br />in an instrument of transfer or conveyance or to notify Grantee of a transfer or conveyance shall <br />not impair the validity of this Conservation Easement or limit its enforceability in any way. <br />21. Amendment of Conservation Easement <br />This Conservation Easement may be amended only with the written consent of Grantee, <br />Grantor, and the United States. Any such amendment shall be consistent with the Statement of <br />Purposes of this Conservation Easement and with Grantee's and the United States' Conservation <br />Easement amendment policies, and shall comply with Section 170(h) of the Internal Revenue <br />Code or any regulations promulgated in accordance with that. section. Any such amendment shall <br />be duly recorded. <br />22. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Property change so much that it, <br />becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court <br />with jurisdiction may, at the joint request of both the Grantor and Grantee and with prior consent <br />of the United States Department of Agriculture, terminate or modify the Conservation Easement <br />created by this Deed in accordance with applicable law. If the Conservation Easement is <br />terminated and the Property is sold then as required by Section 1.1 70A-14(g)(6) of the IRS <br />regulations, Grantee shall be entitled to forty-five percent (45%) of the net sale proceeds (equal <br />to the ratio of the appraised value of this Conservation Easement to the unrestricted fair market <br />value of the Property, as these values are determined on the date of this Conservation Easement), <br />subject to any applicable law which expressly provides for a different disposition of the proceeds. <br />
The URL can be used to link to this page
Your browser does not support the video tag.